CONRB 2021

The Town of Niagara-on-the-Lake issued Notices of Intention to Designate three adjacent properties under the Ontario Heritage Act.

The objector argued that the properties did not constitute a 'nested cultural heritage landscape' (CHL) and that their deep setbacks were not heritage attributes.

The Conservation Review Board found that while the properties could be considered a nested CHL for planning purposes under the Provincial Policy Statement, they could not be designated as such under the Act without improperly creating a de facto heritage conservation district.

However, the Board agreed with the Town that the deep setbacks, historically driven by a now-extinct watercourse and changing cultural norms, were valid heritage attributes that contributed to the properties' cultural heritage value.

The Board recommended designation with the nested CHL concept removed from the attributes.

The City of Mississauga issued a Notice of Intention to Designate a property under section 29(5) of the Ontario Heritage Act.

The objectors argued that because the property was previously designated in 1983, the notice should have been issued under section 30.1.

The Conservation Review Board agreed that this was a procedural defect.

Although the defect caused no prejudice to the objectors, the Board found it had no statutory authority to cure the defect and dismissed the matter.

The Conservation Review Board issued a procedural order setting out the organization and conduct of a video hearing regarding a notice of intention to designate properties under the Ontario Heritage Act.

The order established deadlines for witness lists, expert reports, visual evidence, and a joint document book, and set limits on direct evidence and cross-examination.